PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            1 February 2001                  
	DOCKET NUMBER:   AR2000043672

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Barbara J. Lutz		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that he be awarded the Combat Infantryman Badge (CIB) for his tour of duty in Vietnam. 

3.  The applicant states, in effect, that he served in Vietnam under combat conditions, in military occupational specialty (MOS) 11B, Infantryman, and that he is qualified for, and should be awarded, the CIB on his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge. 

4.  The applicant’s military records show that he enlisted on 27 June 1968 for 3 years.  Following basic combat and advance individual training at Fort Bragg, North Carolina, the applicant was awarded MOS 11B and assigned to the 596th Engineer Battalion, Fort Bragg.  On or about 27 November 1968, he was awarded MOS 12A, Pioneer Engineer.

5.  On 16 January 1969, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice for absence without leave (AWOL) from 19-31 December 1969.  His punishment consisted of forfeiture of $40.00 pay per month for 2 months and 30 days' extra duty.

6.  On 25 May 1969, the applicant was transferred to Vietnam.  He served there from 2 July 1969 to 30 June 1970.  While in Vietnam, he served in the 173rd Engineer Company, 173rd Airborne Brigade in MOS 12A, Pioneer Engineer and MOS 12B, Combat Construction Specialist.

7.  On 2 June 1970, the applicant accepted NJP for sleeping on guard duty.  His punishment consisted of reduction in grade to private/E-2, forfeiture of $73.00 pay per month for 2 months, and 30 days' extra duty.

8.  On 31 March 1971, the applicant was found guilty by a special court-martial of AWOL.  He was sentenced to perform hard labor without confinement for 2 months.

9.  On 7 October 1971, the applicant was released from active duty and transferred to the United States Army Reserve.  He was credited with 3 years of active military service, the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with Device 1960, two Overseas Bars, and the Parachutist Badge.

10.  On 2 June 1972, Special Orders Number 1268 awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge (CIB) is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command has advised in similar cases that during the Vietnam era, the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

CONCLUSIONS:

1.  The evidence of record does not confirm that the applicant met the requirements for award of the Combat Infantryman Badge. 

2.  The evidence of record confirms that the applicant was awarded the Army Commendation Medal for meritorious service during Vietnam.

3.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215, Correction to DD Form 214, showing that he was awarded the Army Commendation Medal.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__lls____  __jea____  __bjl____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Luther L. Santiful___
		        CHAIRPERSON

INDEX

CASE ID	AR20000043672	
SUFFIX		
RECON		
DATE BOARDED	20010201	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19680627	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	Expiration Term of Service	
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	107.0111	
2.		
3.		
4.		
5.		
6.